HomeMy WebLinkAboutContract1107 Lake Washington Blvd N suite 800 | Renton, WA 98056
WIZARDS.COM
PAGE 1 OF 3
December 11, 2024
RE: Request to use Wizards of the Coast
Letter Wizards the nonexclusive use of the Property by
Licensee solely in the Project and subject to the terms and conditions set forth below.
Key Terms
Property:Hero of Bladewarren Token (art id 448999), Three Tree Rootweaver (art id 437970), Three Tree
Scribe (art id 438222), Wilds of Eldraine Prerelease Packaging (art id 441490) artwork featuring the
copyrights, trademark, and other intellectual property rights embodied therein. Images of approved
Property are contained in Exhibit A, attached to and made part of this Letter.
Scope of Use:Usage of Property as provided by Wizards to Licensee for public work projects featuring Property on
Utility Boxes.
Licensee:City of Renton
1055 S Grady Way
Renton, WA 98057
Licensee Contact:Jessie Kotarski
jkotarski@rentonwa.gov
Project:The city of Renton will receive artwork provided by Wizards, create cling wraps utilizing the artwork,
and affix those clingwraps to Utility Boxes located at 655 S 2nd Street on the two corners of the City
Center Parking Garage .
Additional Terms:Any alteration of the Property, except as required to create the clingwraps, is strictly prohibited,
without prior written approval by Wizards.
General Terms
Licensee shall have a limited, non-exclusive, revocable, non-assignable, non-transferable license to exhibit the Property for the
entire duration of the Project. Use is limited to the Scope of Use and actual Project described above. Any other uses of the
Property must be requested in writing. Wizards has no obligation whatsoever to grant any additional permission.
The limited rights and permissions granted to Licensee herein are neither an endorsement nor a sponsorship of the Project.
Wizards hereby disclaims any and all warranties with respect to the rights hereby granted. Licensee agrees to indemnify and hold
Wizards, its subsidiaries and affiliates, as well as their respective officers, directors, employees, agents, successors, and assigns,
harmless as to any third party claims, suits, actions, loss, damages, liabilities, costs, and expenses (including reasonable, outside
the Property.
Licensee agrees not to portray the Property in any manner that might be deemed deceptive or misleading. Licensee also hereby
covenants and agrees to ensure that in no event shall the Property be used in any obscene manner, or in any derogatory or
disparaging fashion toward either a third party (or its products or services) or Wizards and/or its affiliates (or their respective
products or services). Without limiting the foregoing, the Project shall not include defamatory, obscene, threatening or harassing
material; messaging promoting hatred toward groups of people based on their race or ethnic origin, religion, disability, gender,
age, veteran status, sexual orientation or gender identity, al property rights;
or any depictions of dangerous or illegal activities. Licensee agrees to engage in reasonable maintenance and upkeep of the
Property so long as Property is featured on the Utility Boxes. Licensee shall,, remove the Property from
the Utility Boxes.
Licensee agrees not to challenge any rights Wizards has in the Property and agrees that any and all uses of the Property shall
CAG-25-020
1107 Lake Washington Blvd N suite 800 | Renton, WA 98056
WIZARDS.COM
PAGE 2 OF 3
in the Property. Licensee further agrees and acknowledges that Wizards shall have the right to develop, produce, promote and
distribute projects and products that are incidentally similar to certain elements of the Project, or to authorize third parties to
do so, without notice or compensation to Licensee; to the extent Licensee has any rights in such similar uses, Licensee hereby
waives such rights as between Licensee and Wizards or its authorized licensees. For the avoidance of doubt, Wizards does not
trademarks.
Licensee shall be the sole owner of the Project (including, without limitation, all photography, sound recordings and filmed
materials) in all media throughout the universe in perpetuity. Nothing contained in this Agreement shall be construed as
obligating Licensee to actually use the Property or the results and proceeds whatsoever.
This document represents the entire understanding of the parties. The parties hereto shall not be deemed partners or joint
id and
of no e This document and any disputes related to the rights granted herein shall be
construed in accordance with the substantive laws of the State of Washington without regard to its conflicts of laws principles in
a court of competent jurisdiction located in Seattle, Washington.
If any provision of this Letter shall be found invalid or unenforceable, such invalidity or unenforceability shall not render the
entire Letter invalid. Rather, the Letter shall be construed as if not containing the particular invalid or unenforceable provision,
and the rights and obligations of each party shall be construed and enforced accordingly.
The waiver by Licensee or Wizards of a breach of any provision contained herein shall be in writing and shall in no way be
construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
ns
contained herein will not result in revocation of its permission to use the Property, but Licensee shall remain responsible for all
monetary and other damages.
The parties acknowledge and agree that this license is granted without any monetary consideration. No fees, royalties, or other
forms of payment shall be exchanged between the parties in connection with this license.
Failure to sign and return this Letter within two (2) weeks of the date of this Letter will automatically result in the revocation of
permission to use the Property.
Sincerely,
WIZARDS OF THE COAST, LLC
Joel Emans
VP Legal
Wizards of the Coast
AGREED BY:
City of Renton
BY:
TITLE:
DATE:
1107 Lake Washington Blvd N suite 800 | Renton, WA 98056
WIZARDS.COM
PAGE 3 OF 3
EXHIBIT A
Images of Approved Property
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Wizards of the Coast (we, us or Company) may be required by law to provide
to you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Wizards of the Coast:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: cat@wizards.com
To advise Wizards of the Coast of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at cat@wizards.com and in the body
of such request you must state: your previous email address, your new email address. We do not
require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Wizards of the Coast
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to cat@wizards.com and in the body of
such request you must state your email address, full name, mailing address, and telephone
number.
To withdraw your consent with Wizards of the Coast
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to cat@wizards.com and in the body of such request you must state your
email, full name, mailing address, and telephone number. We do not need any other information
from you to withdraw consent.. The consequences of your withdrawing consent for online
documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-
By selecting the check-
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Wizards of the Coast as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by Wizards of the Coast during the course of your relationship with
Wizards of the Coast.